Insights

Can Ningbo Brothers and Sisters Inherit? The Second Order and Subrogation Inheritance

Ningbo Author：LuXu WANG

Whether siblings can inherit an estate depends on two conditions: whether there are any first‑order heirs, and whether the siblings themselves are still alive. According to Article 1127 of the Civil Code, spouses, children, and parents are first‑order heirs, while siblings, grandparents, and maternal grandparents are second‑order heirs; as long as there is even one person in the first order who is willing to inherit, the second‑order siblings shall not be entitled to inherit. However, in families where the individuals are unmarried, have no children, and whose parents and older relatives have all passed away, siblings are often the sole legal heirs. More importantly, Article 1128 of the Civil Code has introduced a new provision on derivative succession by nephews and nieces: if a sibling dies before the decedent, the sibling’s children—namely, the decedent’s nephews and nieces—may step into their place and participate in the second order of inheritance. In other words, when a resident of Ningbo asks whether siblings can inherit, they often follow up with a second question: if the elder siblings are no longer alive, do nephews and nieces still have a share?

Next, we will clarify the issues step by step: who is eligible, the scope of application, how nephews and nieces exercise substitutional inheritance, the specific distribution rules, how this system interfaces with others, how common disputes are handled, and how rights can be protected. We will also outline practical pathways, drawing on local notarization and litigation channels in Ningbo.

1. Who is legally entitled to inherit: first and second order

Article 1127 of the Civil Code divides statutory heirs into two orders: the first order comprises spouses, children, and parents; the second order comprises siblings, grandparents, and maternal grandparents. After the inheritance commences, it shall be inherited by the first‑order heirs; the second‑order heirs shall not inherit. Only when there are no first‑order heirs to inherit shall the inheritance be passed to the second‑order heirs.

Here, “children” include legitimate children, illegitimate children, adopted children, and stepchildren who are financially dependent; “parents” include biological parents, adoptive parents, and stepparents who are financially responsible for the child. Legal terminology is broader than everyday usage; for example, a child who was adopted in infancy is placed in the first order of succession, just like a biological child.

When does the second order get its turn?

The key issue is that there are no first‑order heirs to inherit. It encompasses three scenarios: first, there are no first‑order heirs at all—for example, the decedent was unmarried and had no children, and their parents, grandparents, and great‑parents have all predeceased them; second, all first‑order heirs renounce their inheritance; and third, all first‑order heirs have forfeited their right to inherit. As long as there is at least one first‑order heir who does not renounce the inheritance, the second‑order siblings may not inherit in their stead.

There is also a commonly overlooked situation: where a widowed daughter-in-law has fulfilled the primary duty of supporting her in-laws, or a widowed son-in-law has fulfilled the primary duty of supporting his parents-in-law, they shall, pursuant to Article 1129 of the Civil Code, be regarded as first‑order heirs. This means that an inheritance that would have originally passed to the siblings may, due to the presence of a dutiful daughter-in-law or son-in-law, be redirected back to the first line of heirs.

It is also necessary to emphasize the exclusivity of the sequence. Heirs within the same order of succession have equal rights; heirs in different orders cannot inherit simultaneously. In Ningbo, many families mistakenly believe that uncles, aunts, and other collateral relatives are entitled to a share of the inheritance after one parent has passed away. In reality, as long as any surviving children exist, collateral relatives do not qualify as legal heirs.

2. The scope of siblings: not just those born to the same mother.

Article 1127 of the Civil Code provides an explicit enumeration of siblings, with a scope broader than many people might expect:

  • Siblings with the same parents: full siblings, the most common type.
  • Half-siblings (sharing one parent): Half-sibling relationship; legally recognized as having the same status as full siblings. In a remarried family, if your child and my biological child share the same father or the same mother, they are each other’s second‑order heirs.
  • Foster siblings: Between a foster child and a biological child, as well as between foster children, a relationship of foster siblings is established through adoption, and they may be each other’s second‑order heirs.
  • Stepbrothers and stepsisters who have a relationship of mutual support: The right of inheritance between stepbrothers and stepsisters arises from such a relationship of support; if no such relationship exists, they may not be considered second‑order heirs to one another.

There are two subtractions here that you must remember. First, the rights and obligations between an adoptee and his or her biological siblings are terminated upon the establishment of the adoption relationship, and they may no longer serve as second‑order heirs to one another. In other words, after a child is adopted by another family, they are no longer legally considered siblings with their biological older brother. Second, if siblings by marriage are related only by name and do not interact or provide mutual support in daily life, the law does not recognize their right to inherit.

In practice, whether a relationship of support exists is typically determined by examining whether the parties have lived together, provided financial support to one another, or rendered long-term care. For example, if the children of both parents live together in the same household for many years after their parents remarry and care for one another, a relationship of mutual support can generally be recognized; however, if they live separately after reaching adulthood and only meet during holidays, such a relationship is more difficult to establish.

3. Substitutional inheritance by nephews and nieces: a new rule in the Civil Code

Article 1128 of the Civil Code provides for two tiers of derivative succession: where a child of the deceased predeceases the deceased, the deceased’s lineal descendants inherit by way of substitution; where a sibling of the deceased predeceases the deceased, the deceased’s siblings’ children inherit by way of substitution. The former refers to grandchildren and grandchildren through the maternal line stepping into their parents’ place, a principle that has long been recognized in law; the latter is what is commonly known as derivative succession by nephews and nieces, whereby the children of the deceased’s siblings—namely, nephews, nieces, and their descendants—step into their own parents’ place.

This provision represents a substantive change in the Civil Code compared to the previous Inheritance Law. Article 11 of the former Inheritance Law provided only that, if a child of the deceased predeceased the deceased, the deceased’s grandchild or other descendant in the next generation would inherit by way of substitution; the person entitled to such substitution was limited to the deceased’s children, and nieces, nephews, and their children were not included among the substitutable heirs. As a result, after the death of an elderly person who had no children and whose parents and siblings had all passed away, even the nephew who had been caring for them could not claim any inheritance rights; he would only be entitled to a small share under the statutory provision for discretionary allowances. The remaining portion of the estate might even be treated as ownerless property and revert to state or collective ownership. More than three decades of the one-child policy have narrowed family structures, making the predicament of having no one to care for aging parents even more pronounced. Article 1128 of the Civil Code has been amended to include substitution by nephews and nieces, precisely in order to reduce the incidence of estates without heirs and ensure that property is passed down among relatives.

In practice, the application of substitution by nephews and nieces requires the simultaneous fulfillment of several conditions. First, the decedent has no first‑order heirs, and none of their deceased children have any younger-generation lineal descendants who may inherit by way of substitution; second, the decedent’s siblings predeceased the decedent; third, neither those siblings nor their children have forfeited their right to inherit. If an heir forfeits the right of inheritance, their lineal descendants shall not be permitted to inherit by way of substitution; this is a strict rule.

Also, pay attention to two differences. First, the scope differs. The right of substitution for siblings’ children is limited to the children’s generation and does not extend further downward; however, the right of substitution for the deceased’s own children can extend all the way to grandchildren, great-grandchildren, and even further generations, without any limitation on the number of degrees. Second, the shares differ. A substitute heir is generally entitled to inherit only the share that the substituted heir was entitled to inherit. For example, if one of three siblings predeceases the decedent, and that sibling’s child steps into their place through substitution, the child will only inherit the share that would have belonged to the deceased sibling, rather than the full estate that was originally to be divided equally among all three siblings.

4. Typical scenario: Three families do the math.

Scenario 1: An unmarried person with no children passes away.

The deceased was unmarried and had no children; both parents and the grandparents—paternal and maternal—had predeceased them, leaving no heirs in the first order of succession. At this time, the second-order heirs—namely, siblings, grandparents, and maternal grandparents—shall inherit. If the grandparents—both maternal and paternal—are also deceased, the inheritance shall be passed to the surviving siblings, who shall generally receive equal shares. If a sibling of the deceased has predeceased the decedent and left children, those children shall inherit by way of substitution, but they shall only inherit the share that would have been inherited by the deceased sibling.

Scenario 2: Both parents pass away after the only child has died prematurely.

If an only child dies before their parents, upon the parents’ death, the first‑order heirs are the surviving spouse—either the father or the mother—and the deceased child’s lineal descendants. The children of a deceased child—namely, grandchildren and external grandchildren—inheri­t their parents’ share that would have been inherited by them; this occurs within the first order of succession, and siblings still do not participate at this stage. Only when both parents have passed away and there are no grandchildren to inherit by substitution does the second order of succession come into play.

Scenario 3: DINK (Double Income, No Kids) Family

For couples who choose not to have children, upon the death of one spouse, the first‑order heirs are the surviving spouse and the deceased’s parents, provided that the parents are still living. If the deceased’s parents have both passed away and the deceased had no children, only the surviving spouse is a first‑order heir. The estate is first divided such that half of the marital property is allocated to the spouse, and the remaining half is entirely inherited by the spouse; the deceased’s siblings do not participate in the inheritance. Only when there is no spouse, no children, and both parents have passed away do the siblings become heirs. It is clear that being childless in itself does not entitle siblings to inherit; the determining factor remains whether there are any first‑order heirs.

Before proceeding with the calculation, two steps must first be taken: first, set aside the spouse’s share of the marital property in accordance with Article 1153 of the Civil Code; second, distribute the decedent’s estate among all heirs according to the aforementioned rules. If the order is wrong, the allocation will be incorrect.

5. Coordination with other systems: wills, donation-for-support agreements, and discretionary distribution

Statutory succession is merely a fallback arrangement for the distribution of an estate; the decedent may, by means of a will, designate siblings, nieces and nephews, or even unrelated individuals, as beneficiaries. Testamentary succession takes precedence over statutory succession; in such cases, there is no need to consider the order of inheritance. It should be noted that if a beneficiary designated in a will predeceases the testator, that portion of the estate typically reverts to intestate succession.

A legacy support agreement has the highest legal effect; the supporter undertakes the obligations of providing for the testator’s care in life and burial upon death, in exchange for the right to inherit the testator’s property. If the deceased entered into such an agreement with his or her nephew during their lifetime, and the nephew acquires the property pursuant to that agreement, the nephew shall not be entitled to inherit by way of substitution; the two methods of inheritance cannot be applied concurrently.

There is also a fallback provision that is easily overlooked. Article 1131 of the Civil Code provides that persons who were financially dependent on the deceased but are not heirs, or other persons who provided substantial care to the deceased, may be allocated a proper share of the estate. During the era of the old law, many cases involving nephews caring for their uncles were resolved based on this very provision. Today, nephews and nieces may inherit by way of substitution under the law; however, if they themselves do not meet the requirements for substitution—for example, if their parents are still alive—they may still, pursuant to Article 1131, claim a proper share.

6. Common disputes: three types that are most likely to lead to conflicts

Whoever has fulfilled the duty of support should receive a larger share.

Article 1130 of the Civil Code establishes the principle of equality, and at the same time stipulates that: the heirs who have fulfilled the main duty of supporting the decedent or live together with the decedent can be divided more; those who have the ability and conditions of supporting but do not fulfill the duty of supporting should be divided or divided less. In a typical case published by the Jiangsu High Court, the decedent had no spouse and no children, and was inherited by three brothers and sisters. Two of them took care of more and took care of the funeral. The court ruled that each had a 40% and the other had a 20%. It is evident that the principle of “those who contribute more should receive a larger share” is not merely lip service; however, the party advocating for a larger share must provide evidence of caregiving, financial contributions, and cohabitation.

After being out of contact for many years, does that count as giving up?

Some siblings who have not been in touch for many years suddenly appear at the time of inheritance to claim a share. In law, if the inheritance is not explicitly abandoned after the beginning of the inheritance and before the division of the estate, it shall be regarded as accepting the inheritance and shall not of course lose the right of inheritance due to loss of association. However, if such a person has the capacity to provide support but has long neglected their obligations, other heirs may, pursuant to Article 1130, claim that they receive a smaller share or no share of the inheritance. If the whereabouts are unknown, they may also be dealt with through special procedures for the declaration of disappearance and declaration of death.

The Complicated Family Dynamics of Remarriage

Remarried families often have biological children, stepchildren, adopted children and multiple groups of brothers and sisters at the same time. At this point, it is necessary to carefully examine each layer: who has established a relationship of support with whom, and who has been adopted, thereby severing their original familial ties. Stepchildren are included in the first order of succession only if they have established a relationship of support with their stepparents; similarly, step siblings are considered to be in the second order of succession only if they have established a relationship of support with one another. Filing a lawsuit without clearly identifying all relevant parties may easily result in a court order to remedy the deficiency by adding any necessary parties.

7. Rights protection pathways: notarization, litigation, and list of required documents.

There is no dispute among the heirs, and the most convenient thing is to handle the notarization of inheritance, transfer and withdraw money from the real estate registration, banks and other institutions with the notarial certificate. If there is a dispute, or if some heirs are unable to appear in person or cannot be contacted, it is necessary to file an inheritance dispute lawsuit with the court.

In terms of jurisdiction, pursuant to Article 34 of the Civil Procedure Law, inheritance disputes fall under the jurisdiction of the people’s court at the domicile of the deceased at the time of death or at the location of the principal estate. The place of residence includes the registered domicile and the place of habitual residence. When the estate primarily consists of real property, jurisdiction is typically determined by the location of the property, which facilitates subsequent division and enforcement. The statute of limitations is three years, commencing from the date when the right holder knew or ought to have known that his or her rights were infringed. If more than twenty years have elapsed since the commencement of the inheritance, the court will no longer provide protection.

Whether notarization or litigation is involved, the following materials generally need to be prepared:

  • Identity materials: ID card and account book of each heir.
  • Documents required for inheritance: death certificates of the deceased and any deceased heirs, proof of household registration cancellation, and cremation certificate.
  • Documentation of kinship: A certificate of kinship issued by the local police station or the individual’s former employer, a marriage certificate, a birth certificate, or adoption registration documents.
  • Estate materials: property ownership certificates, deposit receipts, equity or vehicle certificates, and other proof of ownership.
  • Disputes and supporting materials: evidence of caregiving, financial contributions, joint living arrangements—such as bank transfer records, medical receipts, witness statements, etc.

Class Case Reference: In the case of Inheritance of Tong A v. Tong B (Case 36 of Chinese Court 2022-Marriage, Family and Inheritance Disputes), the decedent is unmarried and childless, and his parents and elder brother all die before him. The court determines that the children (nephews and daughters) of his brothers and sisters are qualified for subrogation according to Article 128 of the Civil Code, after the other second-order heirs have renounced the inheritance, the nephews inherit the entire estate. Trial Court: Case No. of Qingshan District People's Court of Wuhan City, Hubei Province:(2021) No. 637 of the People's Republic of 0107, Hubei Province; Source: Knowledge Base, 2022 Cases of Chinese Courts, Marriage, Family and Inheritance Disputes.

8. Frequently Asked Questions

question one: parents are still there, can brothers and sisters divide the inheritance of grandparents? cannot be divided directly. When grandparents die, their first order heirs are the spouse, children, parents, and father or mother in the list; grandchildren are subrogation only when the father or mother dies before the grandparents. Siblings are not the first order heirs of grandparents.

Question 2: Only nephew, no biological children, nephew can inherit? It depends on whether the parents of the nephew, that is, the siblings of the decedent, died before the decedent. If the brothers and sisters are deceased, the nephew may inherit in subrogation; If the brothers and sisters are still alive, the inheritance rights belong to the brothers and sisters themselves, and the nephew can only claim the appropriate share according to Article 1131.

Question 3: Does a half-brother (sharing the same father) have inheritance rights?Yes. The law explicitly lists half-brothers and sisters as second-order heirs, on the same footing as brothers and sisters of the same parents. This also includes raising siblings and step-siblings with a support relationship.

Question 4: After being adopted, can one still inherit the estate of their biological siblings?No. After the adoption relationship is established, the rights and obligations between the adoptee and his brothers and sisters are eliminated, and they are no longer the second order heirs to each other.

Question 5: If siblings agree among themselves that only one of them will inherit, and the others all consent, is such an agreement valid? Valid. Inheritance rights are private rights, and where the heirs agree through consultation to an unequal distribution, the law will respect such agreement. However, for the transfer of real estate, notarization or a legally effective judicial document is generally still required to confirm the transaction.

Question 6: After taking care of my uncle for many years, my uncle has no children. Can I score more points?It's worth striving for. If you meet the conditions of nephew's subrogation, you can claim to have fulfilled the main maintenance obligations and more points. If you do not meet the conditions of subrogation, you can claim an appropriate inheritance as a person with more support under article 1131.

9. Practical Insights from a Lawyer

Many people think that "if the parents are gone, the inheritance must be divided between spouse and children", ignoring that when there is no first-order heir, brothers and sisters can appear as second-order heirs. Even more neglected is the new nephew subrogation inheritance in the Civil Code: when the siblings of the decedent die before the heir, the children of the siblings, I .e. nephews and nephews, are subrogated. This has led to the whereabouts of the property of many lonely or dink families, but it has also brought about new problems in the determination of kinship-who counts as "brothers and sisters" and who is eligible for subrogation, which often has to be clarified in the pile of relatives.

In terms of operation, the first step is to clarify the kinship chain and fix the evidence: the status of the decedent's parents, spouse and children, the number and survival of siblings, and whether there is a situation where brothers and sisters die first and are subrogated by their children. Household registration files, personnel files, unit certificates, and old household registration books are all key materials. Families with incomplete household registration in the early years should obtain them as soon as possible. If it involves different branches such as uncles, uncles and aunts, the relationship diagram should be clearly drawn so as not to cause someone to suddenly "pop up" or someone to be missed during negotiation or inheritance, resulting in the process being overturned and started again.

This kind of inheritance is most likely to be fought in three places: the first is the dispute over the scope of subrogation, the second is the fight with wills and legacy support agreements, and the third is that someone asks for more points with "I take care of more. During negotiations, it is advisable to first calculate the statutory shares and then discuss any considerations for preferential treatment—avoid reversing the order of priority. In terms of timing, if it is found that there is no first-order heir, the inheritance procedure or notarization should be started as soon as possible, and do not wait until the property is occupied by others and the evidence is lost. If nephews and nephews in subrogation are scattered all over the country, they should communicate and unify their opinions in advance to avoid individual heirs rushing and others being passive. Note that substitution only applies within specific lines of consanguinity; do not include distant cousins in the calculation.